14-06 853, 14-06 853

Veteran served on active duty from Sept 1983 to Dec 1988 and is service‑connected for bipolar affective disorder (rated 70%).
Hospitalized by VA in mid‑November 2011 for 12 days after a suicide attempt (overdose); discharged stable.
Admitted to a VA domiciliary in Jan 2012 for a substance‑abuse residential rehabilitation program (cocaine and cannabis); remained until April 2012 and was discharged stable; bipolar disorder documented as in remission during that stay.
No record that the service‑connected bipolar disorder required surgery, postoperative convalescence ≥1 month, or immobilization of a major joint by cast during the appeal period.
Claimant sought: (1) increased rating >70% for bipolar disorder; (2) TDIU; (3) temporary total disability (TTD) for hospital treatment/observation; (4) TTD for convalescence.
Board denied TTD claims (hospital treatment/observation and convalescence) but remanded the increased rating and TDIU claims for a current VA psychiatric exam and updated VA treatment records.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Initial rating >70% for bipolar affective disorder	Symptoms have worsened since last VA exam; private 2016 vocational report documents increased severity	Existing record (last VA exam 2011) insufficient but hospitalization/domiciliary stay not attributable to service‑connected bipolar disorder	Remanded for a current VA psychiatric exam and collection of outstanding VA records to adjudicate increased rating claim
TDIU based on service‑connected disabilities	Unable to secure/follow substantially gainful employment due to psychiatric symptoms worsening	TDIU is intertwined with the increased‑rating claim; needs medical development	Remanded as inextricably intertwined with increased rating; development ordered (exam, records)
TTD for hospital treatment/observation (38 C.F.R. §4.29)	Hospitalizations (Nov 2011 & Jan–Apr 2012) justify temporary 100% rating	Nov 2011 stay was 12 days (<21 days); Jan–Apr 2012 domiciliary stay was for nonservice‑connected substance abuse and bipolar was in remission	Denied — hospitalizations did not meet §4.29 requirements for service‑connected treatment exceeding 21 days
TTD for convalescence (38 C.F.R. §4.30)	Post‑treatment/convalescence period warranted temporary 100% rating	No evidence of surgery requiring ≥1 month convalescence or severe postoperative residuals attributable to service‑connected condition	Denied — statutory/regulatory criteria for §4.30 not met

Smith v. Gober, 14 Vet. App. 227 (establishes that VA notice/assistance duties are inapplicable when entitlement cannot be established as a matter of law)
Harris v. Derwinski, 1 Vet. App. 180 (issues are inextricably intertwined when adjudication of one affects the other)
Kutscherousky v. West, 12 Vet. App. 369 (claimant may submit additional evidence and argument on remand)